Proxy occupation

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Under the laws of war of the post-Napoleonic Era, a proxy occupation is a military occupation where the occupying power directs a "co-belligerent" (i.e. ally) to undertake the occupation of a particular area, as a substitute for the occupying power handling the occupation of that area directly.

[edit] The Occupying Power

The Hague Conventions and the Geneva Conventions do not specifically define the terminology of "the occupying power," and many researchers are confused about this aspect. In fact the conqueror is the occupying power. The administrative authority for the military occupation of any particular area can be delegated to "co-belligerents" (i.e. allies). A proxy occupation can be said to arise under such circumstances. A proxy occupation is of course illegal if the military forces undertaking the occupation are disregarding the laws of war.

[edit] The Principal Occupying Power

When the administrative authority for the military occupation of a particular area has been delegated to other military troops, a "principal -- agent" relationship is in effect. Hence, the terminology of "the occupying power" as spoken of in the customary laws of warfare is most properly rendered as "the principal occupying power," or alternatively as "the (principal) occupying power." This is because the law of agency is, after-all, always available.

The military troops exercising delegated administrative authority for the occupation of a particular area may be called a "subordinate occupying power." Although a "subordinate occupying power" may have effective territorial control over a wide geographic area, this is not equivalent to having sovereignty.

[edit] External links

FM 27-10 The Law of Land Warfare, paragraph 366

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